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USMC | DRB | 2002_Marine | MD02-00365
Original file (MD02-00365.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT


ex-PFC, USMC
Docket No. MD02-00365

Applicant’s Request
The application for discharge review, received 020204, requested that the reason for the discharge be changed to family duress. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020912. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the narrative reason of the discharge shall not change. The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. My reason for discharge is improper because I don't have a personality disorder.
2. My reason for discharge should be family durrest due to uncontrollable problems with the courts, child protective services virse my wife. Thus causing my children and I to be put into a bad situation.
3. My reason for discharge is wrong because I am a good Marine with an Honorable discharge, good conduct all except for this one blemish.

 4. I would like my re-enlistment code upgraded too.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter of Explanation to the Board, dtd 7 Jan 2002 (4 pages)
Applicant's Marine Photo
 Peninsula Regional Medical Center Consultation, dtd 6 Jul 1999
 State of Michigan Order on Application to Set Aside Conviction (Date of Offense - 2/18/91), dtd 22 May 2000
Duval County, Florida, Order Placing Defendant on Probation, dtd 17 July 1996
 26 pages from Applicant's Military Service Record Book
 Florida Protective Services System Abuse Report (5 pages)
 Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                960329 - 960401  COG
Period of Service Under Review :
Date of Enlistment: 960402               Date of Discharge: 961011

 Length of Service (years, months, days):
         Active: 00 06 10
          Inactive: None
Age at Entry: 23                          Years Contracted: 4

Education Level: 12                        AFQT: 58
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.4 (1)                       Conduct: 4.4 (1)

 Military Decorations: None
Unit/Campaign/Service Awards: Rifle Sharpshooter Badge
Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

960919:  Medical evaluation by a military psychiatrist concluded that the applicant’s personality disorder was judged to represent a continuing risk to self or others if retained in the naval service.
         Diagnosis: Personality Disorder, NOS, w/Antisocial and Immature Traits.
960919:  Counseled for deficiencies in performance and conduct [diagnosed as having a personality disorder that is so severe that it adversely affects the ability to function effectively in a military environment]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960927:  Applicant notified of intended recommendation for an honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation.
960930:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
960930:  Commanding Officer recommended an honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation, at which time it was determined that applicant has a character and behavior disorder of such severity that his ability to effectively function in the military environment is significantly impaired. His poor coping skills, personality conflicts and dysfunctional relationships make him a poor candidate for continued service.

961009:  GCMCA [CG, MCB, Camp Lejeune, NC] directed the applicant's discharge with an honorable for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961011 with an honorable characterization of service for convenience of the government due to a personality disorder (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).
Issues 1-3. On 960919, the applicant was diagnosed by a competent medical authority to have a personality disorder that represented a continuing risk to self or others if retained in the naval service. The Board does not consider the circumstances surrounding the applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant an upgrade to his characterization of service. No other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative separation. There is no inequity in the fact the applicant received an honorable characterization of service, yet was discharged by reason of a diagnosed personality disorder. The personal problems the applicant experienced at the time of his discharge does not invalidate his diagnosis, or serve as a basis for changing the narrative reason for separation. Relief denied.
Issue 4. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.
The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.



Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

 B. Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

 C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.
E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls10.jag.af.mil ”.

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                   Naval Council of Personnel Boards
                   Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                   Washington Navy Yard DC 20374-5023      

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